September 28, 2020


Equal Rights for Women:  Will the Supreme Court Honor RBG by accepting a Case to Publish the ERA as the 28th Amendment?

Our landmark case, pending in the Supreme Court, brings women closer to having equal rights than ever before. Our case was brought by women and girls, Equal Means Equal, The Yellow Roses, and Katherine Weitbrecht versus David S. Ferriero, Archivist of the United States, to force the Archivist to publish the Equal Rights Amendment (“ERA”) in the Constitution as the 28th Amendment (case #20-318).

“RBG always said that if she could add one Amendment to the Constitution, it would be the ERA,” said Wendy Murphy, attorney for Equal Means Equal,  who wrote the request for the Supreme Court to take the case, called a Petition for a Writ of Certiorari.

The Supreme Court will decide on October 9, 2020, in conference, if it will include this historic case among the few it agrees to hear this year. Only four votes are needed. Chief Justice John Roberts could be the crucial fourth vote to accept the case. [Stay tuned for EME’s planned actions around this critical deadline for the ERA]

If they do, it will be a case that could bring a united result for the Roberts Court, because much of it hinges on the interpretation methods of the conservative Justices on the Supreme Court:  considering the original purpose of the Framers of the Constitution and the textural meanings of Article V and the 10th Amendment in the Constitution, 1 U.S.C §106(b), and the text of the ERA itself.

“In my opinion, if the EME case adds the Equal Rights Amendment to the Constitution as the 28th Amendment, it will be the most important case the Supreme Court has decided since Brown v. Board of Education, which desegregated public schools,” said attorney Arlaine Rockey, who is writing an Amici Curiae Brief for over 70 amici (friends of the Court), with two other lawyers, her sister, Gina Collias, and Pamela Parker.

“We are asking the Supreme Court to take this case and treat it with exigency because nothing is more urgent or important to women as a class of people than obtaining a ruling from the highest court in the land acknowledging their hard-fought victory in the century-long struggle for basic constitutional equality and fully equal protection of law,” said Wendy Murphy.

EME President Kamala Lopez said, “Blocking the ERA from becoming the 28th Amendment is the government’s overt attempt to maintain a brutal and illegal economic oppression over half the population. It is a system held firmly in place by the ever-present threat of real violence against us, which goes unpunished by our justice system. In today’s America, women shall have equal rights under our Constitution.”

“We are confident that we will prevail at the Supreme Court and pro-ERA candidates will prevail at the ballot box in November,” said Equal Means Equal Vice President Natalie White. “The wind is at our backs, and in this, the 100th anniversary year of women being given the right to vote, momentum favors change that will finally see that all women have equal rights under the law.”

Arlaine Rockey concluded, “Supporters of women’s equality have been fighting almost 100 years for the addition of the ERA to the Constitution. The Notorious RBG persevered; like a superhero, through illness and adversity, she kept fighting for us. The least we, and the Supreme Court, can do is make her ‘dreams of equal citizenship’ a reality, now – not after another century when our great-granddaughters could still be waging this battle.”

Please help raise awareness around this critical deadline for the era and keep your eye out for upcoming actions from us soon!

Love and thanks,

EME team

PS: Your generous tax-deductible contributions are an investment in our results-driven organization on the frontlines of the fight for equality. Any amount is greatly appreciated, but for donations of $500 or more we’ll send you our exclusive (and very popular!) handmade Equal Means Equal hoodie as a special thank you.